Carter v. Whisler
Court of Appeals for the Eighth Circuit
Ón Petition to Revise and Appeal from the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge- ^ In the matter of; the ‘alleged bankruptcy of George U. Flaherty and Clara R. Carter as copartners. Ancillary proceedings by Frederick D. Whisler, trustee in bankruptcy, in which he asked for an order that Ciará R. Carter- be required to file schedule with referee.
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Ón Petition to Revise and Appeal from the District Court of the United States for the Northern District of Iowa; Henry T. Reed, Judge- ^ In the matter of; the ‘alleged bankruptcy of George U. Flaherty and Clara R. Carter as copartners. Ancillary proceedings by Frederick D. Whisler, trustee in bankruptcy, in which he asked for an order that Ciará R. Carter- be required to file schedule with referee. Order to show cause on objection to the jurisdiction was sustained, and the petition of the trustee denied, and on- the order of the District Court, vacating the order of the referee deciding that…
1Opinion of the Court
CARUAN'D, Circuit Judge.
[1] This case is before us on petition to revise and on appeal. The order sought to be revised in matter of law was made in a bankruptcy proceeding, and no appeal is allowed from such an order. Section 25a, 30 Stat. 553 (Comp. St. § 9609); Henkin v. Fousek (C. C. A.) 267 Fed. 557, and cases cited. No. 5744 is therefore dismissed.
The record on the petition to revise shows that on or about August 28, 1917, three creditors filed in the District Court of the United States for the District of Montana an involuntary petition in bankruptcy against George U. Flaherty, of…
2Cases cited18 opinions
- Babbitt v. DutcherSupreme Court of the United States · 1910
- Francis v. McNealSupreme Court of the United States · 1913
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- In re Julius Bros.Court of Appeals for the Second Circuit · 1914
- ElkusSupreme Court of the United States · 1910
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3Cited by4 opinions
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- In Re Ira Haupt & Co.District Court, S.D. New York · 1965
- Bear v. Liberty Nat. BankCourt of Appeals for the Fourth Circuit · 1922
- In re FlahertyDistrict Court, D. Montana · 1924